CCIC TERMS AND GENERAL CONDITIONS
1. In these Conditions, where the context permits
1.1 ¡®CCIC Inspection Department¡¯ means the China Certification & Inspection Group, Shenzhen, Ltd ¨C Inspection Department.
1.2 ¡®Service¡¯ means ¡®test¡¯, ¡®analysis¡¯, ¡®inspection¡¯, ¡®consultation¡¯, 'audit', ¡®certification¡¯ and/or quality related service rendered by CCIC Inspection Department.
1.3 ¡®the Applicant¡¯ means the person, firm, company or organization who engages CCIC Inspection Department to conduct the Service.
1.4 ¡®the Sample¡¯ means the sample of material submitted by the Applicant to CCIC Inspection Department for the purpose of carrying out the Service, or the sample of goods contained in the shipment for Inspection.
1.5 ¡®Testing¡¯ and ¡®Test¡¯ mean the testing of a Sample conducted by CCIC Inspection Department for the Applicant and the test so carried out.
1.6 ¡®Inspection¡¯ means the inspection on quantity, quality, packing, marking, workmanship and functional aspects of a consignment of goods by CCIC Inspection Department on behalf of the Applicant.
1.7 ¡®the Document¡¯ means but not limited to the report/certificate on the Service issued by CCIC Inspection Department to the Applicant.
1.8 ¡®the Application paper¡¯ means but not limited to the paper or online application/booking form filling by the Applicant.
2. These Conditions shall apply to all service contracts for Service between CCIC Inspection Department and the Applicant to the exclusion of all other terms and conditions including any terms or conditions which the Applicant may purport to apply and any variation of these Conditions (including any special terms and conditions agreed between CCIC Inspection. Department and the Applicant) shall be inapplicable unless the same is agreed in writing by CCIC Inspection Department.
3. The Document is confidential to the Applicant. CCIC Inspection Department shall not be under any obligation to discuss the Document or any of its contents with any party other than the Applicant unless written authorization is granted by the Applicant. The Applicant hereby irrevocably authorizes CCIC Inspection Department to send the Document to any third party as notified by the Applicant to CCIC Inspection Department by notice in writing or to such other party as CCIC Inspection Department may think fit having regard to the circumstances, trade custom, usage or practice.
4. The Document shall be treated by the Applicant, its employees, agents, sub-contractors, subsidiaries and/or affiliates as aprivate and confidential document and shall not be used for any purpose in connection with advertising, save and except with the written permission from CCIC Inspection Department.
5. In the event of improper use of the Document, CCIC Inspection Department reserves the right to withdraw it, and to take such measures as it may think fit to prevent such improper usage and CCIC Inspection Department shall be entitled to obtain an injunction or other equitable relief in addition to any other rights and remedies which CCIC Inspection Department may have at common law and/or under any statute.
6. The Applicant shall provide necessarily instructions and information, technical and commercial, such as standard, criteria, drawing, inspection plan, etc., to enable CCIC Inspection Department to carry out the Service efficiently and professionally. It shall be the responsibility of the Applicant to ascertain and notify CCIC Inspection Department of the standards which the Sample must comply in any country or territory in which the same is intended to be sold. In default of specific instructions from the Applicant, CCIC Inspection Department shall be of liberty, and without incurring any commercial risk or liability, to use testing methods and standards or inspection plan, specifications and/or criteria which it considers appropriate and shall not necessarily give notification in advance while the Applicant may consult CCIC Inspection Department for clarification. Where the Sample is known or suspected to be hazardous or dangerous, the Applicant shall disclose such information to CCIC Inspection Department at the time of submission of its application for Service or immediately upon notice of such information, whichever is earlier.
7. For the company¡¯s service Validity, the client shall provide the company with accurate, valid telephone/fax numbers, e-mail and location address details to ensure the company personnel receive fax, e-mail or correspondence etc from client in a correct and vice versa manner. The client shall inform the company of any charges in such contact details. Otherwise, the company is not responsible for any delayed delivery thereof.
8. Application received no early than 48 hours by CCIC Inspection Department will be treated as a late application, if late issue or changing within 24 hours of the inspection, then the over charge will be happen or may delay the inspection for manpower limited. For the avoidance of doubts, Saturday and Sunday or Public Holiday is not treated as working day. Cancellation or rescheduling requested with 24 hours (one business day) notice or less of the scheduled date, the full inspection fee is charged in addition to any non-refundable and already-incurred travel expenses. If an access denied occurs during the day of the inspection, there will be a full inspection fee charge in addition to any non-refundable and already- incurred travel expenses.
9. The client application paper for services will be invalid without the seal of the lawful entity or the signature of its agents except the client booking through our website: www.qualitycontrolchina.com where submission of online booking forms will be a legally binding transaction.
10. If in the opinion of CCIC Inspection Department the size of the Sample is too small to enable the Test to be carried out effectively, such sample may still be accepted for Testing but the Test report will be properly endorsed to reflect such fact.
11. Sample which has been used for Testing or sample from Inspection will be destroyed at the expiration of a period of 30 days from the date of the Test report or Inspection report/certificate unless the Applicant has made special arrangements in advance with CCIC Inspection Department regarding the disposal thereof. The Applicant will be responsible for the collection of any Sample, tested or untested, agreed to be returned to the Applicant at its own costs and expenses. The Applicant expressly acknowledges that it assumes the entire responsibility in relation to the Sample and CCIC Inspection Department shall not be liable for any loss, damage or destruction to the Sample (whether or not the Sample has been used for Testing or sampled from Inspection). The Applicant should at its own costs and expenses maintain sufficient policy of insurance to protect itself against any loss, damage or destruction to the Sample.
12. Should any law-enforcement department seal, detain or take away the sample or any lawful measure taken relevant to samples, the company will no longer be liable for keeping samples, and client shall not be entitled to claim for any compensation thereof.
13. The Test report relates exclusively to the Sample being tested and will not apply to the bulk, unless sampling has been carried out by CCIC Inspection Department, and is stated to have been so carried out in the Test report. The Inspection report/certificate reflects only the findings at time and place of the Inspection only. The Report does not relieve the seller/manufacturer of their contractual liabilities or prejudice from the Buyer's right for compensation for any apparent and/or hidden defects not detected during our random Inspection or occurring thereafter.
14. CCIC Inspection Department will use its best endeavours to ensure that the service is carried out in accordance with the applicable standards of testing, inspection and certification. For the avoidance of doubts, the Applicant expressly acknowledges that CCIC Inspection Department shall not be liable to the Applicant or any third party for any indirect, special and/or consequential loss or damage, including but not limited to loss of profits under any circumstances whether or not such loss or damage is caused by the error, negligence, mis-description, mis-judgement or default whatsoever on the part of CCIC Inspection Department, its associate, subsidiary, agent, sub-contractor or employee and the liability of CCIC Inspection Department shall be limited to the amount stated in paragraphs 12 and 13 hereto.
15. Our Services, including Reports and Certificates, are subject to the general conditions of service of CCIC which can be sent upon written request. The over charge may happen for the below cases: Missing, Re-inspection, OT payment for non-working hour or working day.
16. In the event that CCIC Inspection Department is not able to complete the Service at the fee originally agreed with the Applicant due to problem associated with the characteristics of the Sample or unforeseeable events including but not limited to the shortage or rise in the costs of labour, material or otherwise, then CCIC shall be entitled to charge additional fee to the Applicant
17. The Applicant shall pay the fee punctually on the date specified in the relevant debit note or invoice or within such period as may be agreed by CCIC Inspection Department in writing. If any sum payable by the Applicant has not been paid when due, the Applicant shall pay to CCIC Inspection Department interest on such sum on a daily basis from rate of 0.3%.
18. All payments made by the Applicant to CCIC Inspection Department shall be made in full without demand, deduction, set-off or counterclaim whatsoever.
19. CCIC Inspection Department may delegate the performance of its service to its agents or subcontractors, either in whole or in part.
20. All warranties, terms, conditions and representation of any kind, express or implied which may arise out of the information contained in Document are hereby expressly excluded by CCIC Inspection Department. In the event of any inaccurate information contained in the Document which is caused by the negligence or willful default on the part of CCIC Inspection Department, CCIC Inspection Department's liability shall be limited to the amount of fee paid by the Applicant to CCIC Inspection Department for carrying out the Service as referred to in the Document.
21. In the event of loss or damage caused to the Applicant as a result of the negligence or willful default of CCIC Inspection Department, the liability of CCIC shall be limited to five times of the amount of fee paid by the Applicant to CCIC Inspection Department for Service which gives rise to the claim for loss or damage.
22. The Applicant's right to damages shall be extinguished if an action is not brought within one year from the date of issuance of the Document or, from the date on which the Document ought to be issued in the case of any alleged non-performance on the part of CCIC Inspection Department.
23. In the event that the Document is required to be used in any Court or Arbitration proceedings, CCIC Inspection Department will render all assistance and explanation as may be reasonably required in the circumstances provided that all costs and expenses of CCIC Inspection Department arising out of or incidental to the said proceedings shall be borne and paid by the Applicant.
24. Save and except with the written approval from CCIC Inspection Department, CCIC Inspection Department shall not be called or liable to be called to give evidence in any Court or Arbitration proceedings by subpoena or otherwise. CCIC Inspection Department reserves its right to take part in any action for or against the Applicant.
25. The Applicant shall also reimburse or pay to CCIC Inspection Department all expenses and charges (including legal costs on a solicitor and the Applicant basis) incurred by CCIC Inspection Department in connection with the demand for payment of any sum owed to CCIC Inspection Department by the Applicant and enforcement of any other provisions contained in these Conditions in Court or otherwise.
The Applicant agrees with CCIC Inspection Department to indemnify and keep indemnified CCIC Inspection Department from and against all demands, claims, liabilities (whether criminal or civil), losses, costs and expenses whatsoever(including legal costs and expenses) which CCIC Inspection Department may suffer or incur arising out of or in connection with the performance of its services to the Applicant.
26. If the Applicant fails to pay any sum due under these Conditions, ceases or threatens to cease business, makes or offers to make any arrangements or composition with creditors or commits an act of bankruptcy, or if a receiving order is made against it, or if any resolution or petition is passed or made for its winding up (other than for the purpose of amalgamation or reconstruction), or if an administrator, administrative receiver, receiver or manager is appointed of any business, assets or undertakings, or if it takes or suffers the seizure of any assets for non-payment of any debt or if it takes or suffers any similar or analogous action in consequence of debt, then without prejudice to any other rights and remedies which CCIC Inspection Department may have and without being liable for any loss or damage occasioned thereby, CCIC Inspection Department may forthwith suspend or, at its option, terminate all future services to the Applicant.
27. For the Document sent to the Applicant by ordinary mail, CCIC Inspection Department will not be responsible for its loss or damage. The Document will be sent to the Applicant by courier upon request and on the Applicant's account.
28. The Document may not be reproduced in full or in part except with the written approval from CCIC Inspection Department.
29. The company takes no responsibility in case the client, in violation of the relevant regulations of China or abroad, purposely imports/exports or undertakes business covering restricted or banned goods.
30. If any provisions contained in these Conditions shall be prohibited by law or adjudged by a court or other competent authority to be unlawful, void, or unenforceable, such provisions shall to the extent required be severed from these Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these Conditions. These Conditions shall be governed by and construed in accordance with the law of People's Republic of China and each party agrees to submit to the exclusive jurisdiction of the courts of People's Republic of China.
31. CCIC Inspection Department reserves its right to amend these terms and General Conditions and these terms and General Conditions as an open terms for all clients.